Date: 23-07-2019
Business: Adv for plaintiff Mrs.Neelam Mehta present
Adv for plff filed registered N/M along with affidavit of service
Matter is Adjd for Reply to N/M to 08.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: P.O. is on Training.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: P.O. is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: P.O. is on half day leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-02-2020
Date: 19-02-2020
Business: N.O.B.T.O.B.
19.02.2020 was holiday on account of Chatrapati Shivaji Maharaj Jayanti. Hence, board is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 08.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None present.
Matter is Adjd for N/M Reply to 23.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv. Nilam Mehta for plaintiff is present.
Order below NM No. 1894/19
Perused the notice of motion which is supported by an affidavit being executed by the Manager of State Bank of India Shri Somnathkar. None turned up for the defendant in spite of deemed service of notice of motion. Heard. I have perused the order dtd. 28.02.2019 which shows that as the plaintiff has not complied the order below Chamber Summons No. 1710/17, therefore the suit was dismissed. It is a matter of record that the suit was initially filed before the Honble High Court and due to change in pecuniary jurisdiction was transferred to this Court. In Para No. 3 of the affidavit it is stated that there was some mistake on part of the lawyer. It is the Trite Law that for mistake of the advocate, the parties should not suffer. Considering the reasons mentioned in Exh.4 and for giving an opportunity to the plaintiff/bank, in my opinion by imposing certain cost to be paid to the DLSA, Mumbai, the suit can be restored in the interest of Justice. Hence, I pass the following order-
ORDER
Notice of Motion No. 1894/19 is allowed and made absolute in terms of prayer clause (a) and (b) subject to plaintiff bank paying cost of Rs. 500/- (Rupees Five Hundred) paid within two weeks to the DLSA, Mumbai.
Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 23-03-2021